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Judge reduces inmate’s charges

A judge reduced the charges against a Woodland Correctional Facility inmate accused of breaking an inmate’s jaw.

The prosecutor’s office initially charged Eddie Deans with assault with intent to commit great bodily harm less than murder for breaking another inmate’s jaw, but after hearing testimony Tuesday, Livingston County District Judge Carol Sue Reader said the case “may be aggravated assault” because “the intent was not there.”

Assistant Prosecutor Scott Ehlfeldt argued Deans did commit great bodily harm because the videotape of the incident played in court showed Deans attacking inmate David White from behind and beating the man until guards separated them. He also argued that an oral surgeon testified to White’s injury.

“My review of the tape, I could not ID either individual until the (Michigan Department of Corrections) officer testified that he knew the individuals,” Reader said. “The defendant tried to physically injure another person, not sure he intended to cause great bodily harm. ... What happened, happened.”

The case will be set for a status conference this month, but that could be adjourned if the prosecutor’s office decides to appeal Reader’s decision. Whether that will happen was not immediately known Tuesday evening.

The MDOC guard testified that he saw Deans stand up and hit White, who allegedly told the defendant he was “going to kick his (expletive).” White also allegedly called the defendant an offensive word associated with a black person.

On cross-examination, defense attorney Mark Gatesman questioned whether Deans was afraid of White and whether White had a history of violence. The guard said White was known for making threats, using “belligerent language” and assaulting guards.

White’s belligerent language was on display when he took the witness stand.

‘I call your bluff,’ witness says of video

White, who gave Deans a thumbs-up when he entered the courtroom, steadfastly maintained “I don’t remember” details of that December 2012 day when Deans allegedly broke his jaw while the two men were watching television at the Woodland Correctional Facility in Green Oak Township.

White, who is serving a 15-year sentence for second-degree home invasion in Kent County, repeatedly interrupted both the prosecutor and the defense attorney as they tried to speak. At one point, White told Ehlfeldt that his cousin was a judge and her husband a lawyer and he’d see the assistant prosecutor “down to hell” if he charged him with perjury.

Ehlfeldt asked White, 35, if his memory would return if he saw the video and White responded, “Play the video. ... I call your bluff.”

Ehlfeldt played the video, but White said he did not recognize himself or Deans in the video. He eventually acknowledged that “all is well” between him and Deans after Ehlfeldt asked if White had accepted Deans’ apology for the assault.

“I don’t want to be here,” White repeated throughout his testimony. “I don’t want to press charges. In five months, I’m leaving. ... I did my 13 years.”

White’s maximum discharge date is Jan. 23, 2015, and Deans is serving a 12- to 50-year sentence for second-degree murder, according to state Department of Corrections records.